Art. 35. Adulterated cosmetics. - A cosmetic shall be deemed to be
adulterated:(a) if it bears or contains any poisonous or deleterious substance which may render it injurious to
users under the condition of use prescribed in the labeling thereof, or under the condition of use as are customary or usual:
Provided, That this provision shall not apply to color additive hair dye, the label of which bears the following legend
conspicuously displayed thereon: "Caution: this product contains ingredients which may cause skin irritation on certain
individuals and a preliminary test according to accompanying directions should first be made. This product must not be used
for dyeing the eyelashes or eyebrows; to do so may cause blindness" and labeling of which bears adequate directions for
such preliminary testing. For purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or
eyebrow dyes.(b) if it consists in whole or in part of any filthy, putrid, or decomposed substance.(c) if it has
been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it
may have been rendered injurious to health.(d) if its container is composed, in whole or in part, of
any poisonous or deleterious substance which may render the contents injurious to health.(e) if it is not
a hair dye, and it bears or contains color additive other than which is permissible.(f) if any of
its substances has been (1) mixed or packed therewith so as to reduce its quality or strength or (2) substituted wholly or
in parts therefor.Art. 36. Factory Inspection. - a) For
purposes of enforcement of this Article, officers or employees duly designated by the Department, upon presenting appropriate
credentials to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable hours, any factory, warehouse
or establishment in which food, drugs, devices or cosmetics are manufactured, processed, packed or held, for introduction
into domestic commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such food,
drugs, devices, or cosmetics in domestic commerce; and (2) to inspect, in a reasonable manner, such factory, warehouse, or
establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein.(b) If the officer
or employee making any such inspection of a factory, warehouse or other establishment has obtained any sample in the course
of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator,
or agent in charge a receipt describing the samples obtained.(c) Whenever in the course of any such inspection of a factory
or other establishment where food is manufactured, processed or packed, the officer or employee making the inspection obtains
a sample of any such food, and an analysis made of such sample for the purpose of ascertaining whether such food consists
in whole or in part of any filthy, putrid or decomposed substance, or is otherwise unfit for food, a copy of the results of
such analysis shall be furnished promptly to the owner, operator or agent in charge.Art.
37. Provisional Permits. - Whenever the Department finds, after investigation, that
the sale or distribution in commerce of any class of food, cosmetics, drugs or devices, may be injurious to health, and that
such injurious nature cannot be adequately determined after such articles have entered into domestic commerce, it shall promulgate
regulations providing for the issuance, suspension and revocation of provisional permits, offer for sale or transfer of such
classes of food, cosmetics, drugs or devices to manufacturers, processors or packers of the same in such locality to which
shall be attached such conditions governing the manufacture, processing or packing of such consumer products for such temporary
period of time as may be necessary to protect public health; and after the effective date of such regulations, and during
such temporary period, no person shall, offer for sale or transfer any such food, cosmetics, drugs or devices unless such
manufacturer, processor or packer holds such permit.Art. 38. Publicity
and Publication. - (a) The Department my cause to be disseminated information regarding food, drugs, devices, or
cosmetics in situations involving, in the opinion of the Department, imminent danger to health, or gross deception to the
consumer. Nothing in this Article shall be construed to prohibit the Department from collecting, reporting, and illustrating
the results of its investigations.(b) The Department shall publish a Drug Reference Manual and Drug Bulletin
to serve as reference by manufacturers, distributors, physicians, consumers and such other groups as may be deemed necessary.
The Department is hereby authorized to sell the Drug Reference Manual at cost.Art. 39. Administrative
Sanctions. - In addition to the administrative sanctions provided for under Letter of Instructions No. 1223, the
Department is hereby authorized to impose, after notice and hearing, administrative fines of not less than One thousand pesos
(P1,000.00) nor more than Five thousand pesos (P5,000.00) for any violation of this Act.

PROHIBITED ACTS AND PENALTIES

Art. 40. Prohibited Acts. - The following acts and the causing thereof are hereby
prohibited:(a) the manufacture, importation, exportation,
sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated or mislabeled;(b)
the adulteration or misbranding of any food, drug, device or cosmetic;(c)
the refusal to permit entry or inspection as authorized by Article 36 to allow samples to be collected;(d) the giving of a guaranty or undertaking referred to in Article 41 (b)
hereof which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect
signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith
the food, drug, device, or cosmetic or the giving of a guaranty or undertaking referred to in Article 41 (b) which guaranty
or undertaking is false;(e) forging, counterfeiting,
simulating, or falsely representing or without proper authority using any mark, stamp, tag, label, or other identification
device authorized or required by regulations promulgated under the provisions of this Act;(f)
the using by any person to his own advantage, or revealing, other than to the Department or to the courts when relevant in
any judicial proceeding under this Act, any information concerning any method or process which as a trade secret is entitled
to protection;(g) the alteration, mutilation, destruction,
obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food,
drug, device, or cosmetic, if such act is done while such product is held for sale (whether or not the first sale) and results
in such product being adulterated or mislabeled;(h) the use, on
the labeling of any drug or in any advertising relating to such drug, of any representation or suggestion that an application
with respect to such drug is effective under Article 31 hereof, or that such drug complies with the provisions of such articles;
chanrobles law(i) the use, in labeling, advertising or other
sales promotion, of any reference to any report or analysis furnished in compliance with Section 19 of Executive Order 175,
Series of 1987;(j) the manufacture, importation, exportation,
sale, offering for sale, distribution, or transfer of any drug or device which is not registered with the Department pursuant
to this Act;(k) the manufacture, importation, exportation, sale, offering for sale,
distribution, or transfer of any drug or device by any person without the license from the Department required in this Act;(l)
the sale or offering for sale of any drug or device beyond its expiration or expiry date; cdm)
the release for sale or distribution of a batch of drugs without batch certification when required under Article 34 hereof.Art. 41. Penalties. - (a) Any person who violates any of the
provisions of Article 40 hereof shall, upon conviction, be subject to imprisonment of not less than one (1) year but not more
than five (5) years, or a fine of not less than Five thousand pesos (P5,000.00) but not more than Ten thousand pesos (P10,000.00),
or both such imprisonment and fine, in the discretion of the Court.Should the offense
be committed by a juridical person, the Chairman of the Board of Directors, the President, General Manager, or the partners
and/or the persons directly responsible therefor shall be penalized.(b) No person
shall be subject to the penalties of sub-article (a) of this Article for (1) having sold, offered for sale or transferred
any product and delivered it, if such delivery was made in good faith, unless he refuses to furnish on request of the Department,
the name and address of the person from whom he purchased or received such product and copies of all documents, if any there
be, pertaining to the delivery of the product to him; (2) having violated Article 40 (a) if he established a guaranty or undertaking
signed by, and containing the name and address of, the person residing in the Philippines from whom he received in good faith
the product, or (3) having violated Article 40 (a), where the violation exists because the product is adulterated by reason
of containing a color other than the permissible one under regulations promulgated by the Department in this Act, if such
person establishes a guaranty or undertaking signed by, and containing the name and address, of the manufacturer of the color,
to the effect that such color is permissible, under applicable regulations promulgated by the Department in this Act.